State Laws Related to Bullying Among

Children and Youth

Historically, bullying among school children and

youth has not been a topic of great public concern.

Many adults have viewed the experience of being

bullied as a rite of passage for children and youth. In

recent years, however, attention to bullying among

children has increased dramatically among school

personnel, the general public, and policymakers. The

attention is well deserved. Recent research indicates

that bullying is prevalent among American school

children, directly involving approximately 30% of

school children within a school semester (Nansel et

al., 2001).

As of 2003, at least 15 states have passed laws

addressing bullying among school children, and

many others have considered legislation. Most laws

have been in effect since 2001. Their passage was

motivated, at least in part, by tragic shootings at

several U.S. high schools in the late 1990s and later

reports that many perpetrators of school shootings

had felt bullied or threatened by peers.

How is bullying defined in state laws?

• Several states do not define bullying in their state

laws. Those that do define the term vary in the

types of behaviors that constitute bullying.

Examples include the following:

Colorado: “Any written or verbal expression, or

physical act or gesture, or a pattern thereof, that is

intended to cause distress upon one or more students.”

Georgia: “Any willful attempt or threat to inflict injury

on another person...or any intentional display of

force such as would give the victim reason to fear or

expect immediate bodily harm.”

• Several state laws equate bullying with harassment

and intimidation.

Legislative findings about bullying

• Several states include legislative findings about

bullying in their statutes. Legislative findings reflect

the seriousness with which policymakers consider

the issue. Examples include the following:

New Jersey: “Bullying, like other disruptive or violent

behaviors...disrupts both a student’s ability to learn

and a school’s ability to educate its students in a safe

environment.”

Vermont: “Students who are continually filled with

apprehension and anxiety are unable to learn and

unlikely to succeed.”

Directives in bullying laws

• Most state laws require or encourage that school

officials (typically school boards) develop a policy to

prohibit bullying, as in the following example.

Louisiana: “Each city, parish, or other local public

school board shall adopt and incorporate into the

student code of conduct...a policy prohibiting the

harassment, intimidation, and bullying of a student

by another student.”

• Several state laws encourage schools to implement

a bullying prevention program (e.g., Colorado, New

Jersey, and Oklahoma).

• Several states encourage or require employee

training on bullying and bullying prevention (e.g.,

Georgia, New Hampshire, Oklahoma, Washington,

and West Virginia).

• At least six states require or encourage individuals

to report school bullying incidents to authorities (e.g.,

Connecticut, New Hampshire, New Jersey, New

York, Washington, and West Virginia).
These and other materials are available online at: www.stopbullyingnow.hrsa.gov

• Some laws emphasize the importance of disciplinary

action for children who bully (e.g., Georgia, New

Jersey, and West Virginia).

• Two state laws suggest schools improve

communication among staff and students related

to bullying (New York and Rhode Island).

• One law in West Virginia addresses the need to

develop plans to protect children who are bullied.

Model policies

Recognizing the challenge that schools may 

face in developing anti-bullying policies, several

states have issued model policies or published

technical advisories that guide educators in the

interpretation and implementation of laws (e.g.,

Colorado, New Hampshire, New Jersey, and

Washington).

Conclusions

• Enacting sensitive laws and polices that address

bullying in U.S. schools can encourage and support

effective bullying prevention and intervention

programs in schools. 

• Careful evaluations of the implementation of these

laws are needed to help guide policy makers.

Current state laws on bullying

State Citation

California Cal. Ed Code § 35294.2 (2001)

Colorado Colo. Public Act No. 02-119 (2002)

Connecticut Ct. Public Act No. 02-119 (2002)

Georgia Ga. Code Ann. § 20-2-751.4 (2001)

Illinois ILCS § 105 5/10-20.14 

Louisiana La. R.S. 17 § 416.13 (2001) 

New Hampshire N.H. RSA 193-F (2000)

New Jersey N.J.S.A. 18A:37-13-18 (2002)

New York NY CLS Educ § 2801-a (2002)

Oklahoma Ok Stat. 70 § 24-100.2 (2002)

Oregon Ore. Laws 617 (2001)

Rhode Island R.I. Gen, Laws § 16-21-24 (2001)

Vermont V.S.A. 16 § 565 (2001)

Washington RCW 28A.300.285 (2002)

West Virginia W.Va. Code Ann. § 18-2C-1 (2001)

References

Limber, S. P., & Small, M. A. (in press). State laws and policies to address bullying in U.S. schools. School Psychology Review.

Nansel, T. R., Overpeck, M., Pilla, R. S., Ruan, J., Simons-Morton, B., & Scheidt, P. (2001). Bullying Behaviors Among US Youth: Prevalence and

Association With Psychosocial Adjustment. Journal of the American Medical Association, 285, 2094-2100.

New Jersey Department of Education. (2002). Model policy prohibiting harassment, intimidation and bullying on school property, at schoolsponsored functions, and on school busses (on-line). Retrieved August 12, 2005, from www.nj.gov/njded/parents/bully.htm

Vossekuil, B., Fein, R. A., Reddy, M., Borum, R., & Modzeleski, W. (2002). The final report and findings of the Safe Schools Initiative: Implications

for the prevention of school attacks in the United States. Washington, DC: U.S. Department of Education, Office of Elementary and Secondary

Education, Safe and Drug-Free Schools Program and U.S. Secret Service, National Threat Assessment Center.